Ficha de revisão: Fundamentals of Tort Law

Chapter 5: Law of Tort Revision Sheet

1. 📌 Essentials

• Tort: Civil wrong causing harm or loss, actionable for compensation.
• Elements: wrongful act, damage, caus.
• Damages: compensatory, nominal, exemplary.
• Types: wrongful act, legal damage, remedies.
• Dum pum sine: wrongful act without injury.
• Injuria sine: injury without damage.
• Strict liability: liability without fault; exceptions include act of God.
• Absolute liability: strict liability with no defenses.
• Vicarious liability: employer-employee, principal-agent, state.
• Key torts: battery, assault, false imprisonment, negligence, defamation.

2. 🧩 Key Structures & Components

• Wrongful Act — breach of duty causing damage.
• Damage — injury or loss suffered.
• Causation — link between act and damage.
• Damages — monetary compensation awarded.
• Strict Liability — liability without fault.
• Absolute Liability — liability with no defenses.
• Vicarious Liability — liability of one for another’s acts.
• Battery — intentional physical contact without consent.
• Assault — threat causing immediate apprehension.
• False Imprisonment — unlawful confinement.
• Negligence — breach of duty causing harm.
• Defamation — false statement damaging reputation.
• Malicious Prosecution — wrongful criminal proceedings.

3. 🔬 Functions, Mechanisms & Relationships

• Tortious act → breach of duty → causes damage.
• Causation links wrongful act to injury.
• Damages compensate for actual loss or punish wrongful conduct.
• Strict liability applies regardless of fault, with exceptions.
• Vicarious liability holds employer/principal liable for acts within scope.
• Battery and assault involve intentional harm or threat.
• False imprisonment involves unlawful confinement.
• Negligence requires duty, breach, causation, damage.
• Malicious prosecution involves lack of reasonable grounds and malice.
• Defamation damages reputation through false statements.

4. 📊 Comparative Table

Item	Key Features	Notes / Differences
Tort	Civil wrong causing damage, actionable for remedy
Wrongful act	Breach of duty causing harm	Includes negligence, intentional acts
Damages	Compensation for loss	Types: compensatory, nominal, exemplary
Dum pum sine	Wrongful act without injury	No actual damage
Injuria sine	Injury without damage	No measurable loss
Strict liability	Liability without fault, e.g., hazardous activities	Fault not required
Absolute liability	Strict liability with no defenses, e.g., hazardous industries	No exceptions
Vicarious liability	Employer/Principal liable for employee/agent acts	Indian case law relevant
Battery	Intentional physical contact without consent	Harmful or offensive contact
Assault	Threat of immediate harm causing fear	Immediate apprehension
False imprisonment	Unlawful confinement	Without lawful justification
Negligence	Breach of duty causing harm	Duty, breach, causation, damage
Malicious prosecution	Wrongful criminal proceedings, malice, no reasonable grounds	Termination in accused’s favor

5. 🗂️ Hierarchical Diagram

Tort
 ├─ Elements of Tort
 │   ├─ Wrongful act
 │   ├─ Damage
 │   └─ Causation
 ├─ Damages
 │   ├─ Compensatory
 │   ├─ Nominal
 │   └─ Exemplary
 ├─ Types of Torts
 │   ├─ Wrongful act
 │   ├─ Legal damage
 │   └─ Remedies
 ├─ Wrongful acts
 │   ├─ Dum pum sine
 │   └─ Injuria sine
 ├─ Liability
 │   ├─ Strict liability
 │   │   └─ Exceptions
 │   ├─ Absolute liability
 │   └─ Vicarious liability
 │       ├─ Employer-employee
 │       ├─ Principal-agent
 │       └─ State liability
 └─ Specific Torts
     ├─ Battery
     ├─ Assault
     ├─ Bodily harms
     ├─ False imprisonment
     ├─ Malicious prosecution
     ├─ Nervous shock
     ├─ Defamation
     └─ Negligence

6. ⚠️ High-Yield Pitfalls & Confusions

• Confusing injuria sine (injury without damage) with dum pum sine (wrongful act without injury).
• Overlooking exceptions to strict liability, e.g., act of God.
• Mistaking vicarious liability scope—must be within employment or agency.
• Confusing assault (threat) with battery (physical contact).
• Assuming all false imprisonment is unlawful—must lack lawful justification.
• Neglecting the requirement of proximity and sudden shock in nervous shock claims.
• Misunderstanding the difference between defamation (libel vs. slander).
• Overgeneralizing negligence without establishing all four elements.

7. ✅ Final Exam Checklist

• Understand the definition of tort and its purpose.
• Memorize the three core elements: wrongful act, damage, causation.
• Differentiate between types of damages.
• Know the difference between dum pum sine and injuria sine.
• Recognize circumstances of strict and absolute liability.
• Identify vicarious liability and relevant cases.
• Be able to define and distinguish battery, assault, false imprisonment.
• Know the essential features of malicious prosecution.
• Understand mental injury claims like nervous shock.
• Be familiar with defamation and its types.
• Master the elements of negligence: duty, breach, causation, damage.
• Review key case laws and examples for each tort.
• Clarify common confusions and pitfalls.
• Prepare for scenario-based questions applying principles.
• Remember exceptions and defenses related to liability.

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